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Full-Text Articles in Law
"No Older 'N Seventeen": Defending In Dylan Country, Abbe Smith
"No Older 'N Seventeen": Defending In Dylan Country, Abbe Smith
Fordham Urban Law Journal
This article is about an actual experience the author had defending a teenager accused of a serious crime where Bob Dylan grew up-- the Minnesota Iron Range. In order to protect the young man's privacy, it does not divulge the actual time period of the case. Likewise, details about his life and the charges he was facing have been changed. His name has been changed to Jamal. Things did not go well for Jamal. Though a child when he was sent from the juvenile jail outside of Washington, D.C. to a secure treatment facility for serious juvenile offenders in the …
A "New Beginning" For Adolescents In Our Criminal Justice System, Judith S. Kaye
A "New Beginning" For Adolescents In Our Criminal Justice System, Judith S. Kaye
Fordham Urban Law Journal
As I step away from the bench, I am feeling more than ever what Dr. Martin Luther King called “the fierce urgency of now.” Now is the time for all of us who care about justice in this country to roll up our sleeves and get to work. We may be in a moment of crisis, but as the saying goes, a crisis is a terrible thing to waste. We urgently need to change our focus from jails and prisons to treatment, education, job training. So where is the “new beginning”? The “new beginning” is not a search for new …
Out Of The Home Onto The Street: Foster Children Discharged Into Independent Living, Mari Brita Maloney
Out Of The Home Onto The Street: Foster Children Discharged Into Independent Living, Mari Brita Maloney
Fordham Urban Law Journal
The uniformity by which foster children are expelled from their foster homes upon reaching the age of maturity has dire consequences for them and society. With alarming frequency, such children are left homeless and often turn to drugs and prostitution as a means of getting by. This Note discusses the parameters of foster care rights by analyzing the policies and constitutional rights underlying the many current foster care laws. It then proceeds to highlight the ineffectiveness of the current rigid system of foster care laws and proposes a solution that adequately addresses the plight of such children. Ultimately, the Note …
Juvenile Detention Hearings: A Proposed Model Provision To Limit Discretion During The Preadjudicatory Stage, Carol Bombardi, Carol Bombardi, Carol Bombardi, Carol Bombardi
Juvenile Detention Hearings: A Proposed Model Provision To Limit Discretion During The Preadjudicatory Stage, Carol Bombardi, Carol Bombardi, Carol Bombardi, Carol Bombardi
Fordham Urban Law Journal
This Note addresses constitutional issues relevant to pretrial detention and identifies problematic aspects in the existing juvenile justice system. It examines state and model provisions regarding the detention of youths prior to trial and concentrates on the inclusion of the detention hearing as an element of detention schemes. This Note proposes a model state provision that utilizes the detention hearing to protect the preadjudicatory rights of juveniles and to reduce the risk that detention will be unnecessarily ordered.
Juvenile Privacy: A Minor's Right Of Access To Contraceptives, Victor D'Ammora
Juvenile Privacy: A Minor's Right Of Access To Contraceptives, Victor D'Ammora
Fordham Urban Law Journal
This note traces the historical development of an adult's right to privacy, explore and evaluate the minor's right of access to contraceptives, and focus on parental involvement in a minor's personal decisions regarding abortion and contraceptives.
The Juvenile Offender - Where Can We Send Him?
The Juvenile Offender - Where Can We Send Him?
Fordham Urban Law Journal
There is an increased problem in American society regarding juvenile delinquents. Persons less than 16 years of age cannot be adjudicated criminals and nearly 80% of persons convicted of serious crimes a adults were previous convicted of a lesser offense. However, these criminals were only previously considered juvenile delinquents and not adjudicated criminals. Rehabilitation has been the main focus when dealing with juvenile delinquency and juvenile courts have operated under the theory of 'best interests of the child' and 'parens patriae'. Unfortunately, family court hearings used to determine juvenile delinquency now contain the stigma of criminal proceedings rendering the theory …